Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS MONDAY, THE13H DAY OF OCTOBER201421ST ASWINA, 1936 Bail Appl..No. 7123 of 2014 () ------------------------------- CRIME NO. 854/2014 OF AROOR POLICE STATION , ALAPPUZHA PETITIONER(S)/ACCUSED1AND2 ------------------------------------------------- 1. NAUSHAD AGED38YEARS S/O.ABUBACKER, RESIDING AT KUNNEL CHANDIROOR ALAPUZHA DISTRICT-688 537.
2. NIZAR AGED39YEARS S/O.HAMEED, RESIDING AT DHARMA DAIVATHINGAL CHANDIROOR, ALAPUZHA DISTRICT-688 537.
3. BADARUDDIN AGED43YEARS S/O.IBRAHIM, RESIDING AT MULAKKAPRAMBU, CHANDIROOR ALAPUZHA DISTRICT-688 537. BY ADV. SRI.PEEYUS A.KOTTAM RESPONDENT(S)/STATE/DE FACTO COMPLAINANT: ------------------------------------------------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA ERNAKUKLAM-682 031.(INVESTIGATING OFFICER IN CRIME NO.854/2014 OF AROOR POLICE STATION ALAPPUZHA DISTRICT). BY PUBLIC PROSECUTOR SRI.DHANESH MATHEW MANJOORAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON1310-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ALEXANDER THOMAS, J.
================== B.A.No. 7123 of 2014 ================== Dated this the 13th day of October, 2014 ORDER
Apprehending arrest in crime No.854/2014 of Aroor Police Station, Alappuzha District, the petitioners have chosen to invoke the remedy under Section 438 of the Cr.P.C. for grant of anticipatory bail. The gist of the allegations in the aforementioned crime No.854/2014 is that the petitioners had trespassed into the house of the defacto complainant herein and caused destruction in the house hold articles in their residence and that the the 1st petitioner had caught hold of the dress of the defacto complainant's mother and used filthy languages and threatened to kill the father and husband of the defacto complainant, etc. Sri.Peeyus.A.Kottam, the learned counsel for the petitioners would submit that the petitioners have been falsely implicated in crime No.854/2014 in order to cover up the criminal offences committed by the defacto complainant herein against the 1st petitioner and his brother. He would submit that crime No.851/2014 of Aroor Police Station has been registered B.A.7123/14 - :
2. :- for offences under Sections 447, 427, 324 read with Section 34 of the IPC on the basis of the complaint submitted by the 1st petitioner's brother, wherein it is stated that the 1st petitioner was brutally attacked while he was working in a factory by the defacto complainant herein and his men. It is to extricate him from the aforementioned crime No.851/2014 that the defacto complainant herein has foisted false allegations against the petitioners, which led to the registration of the instant crime No.854 of 2014.
2. The learned Public Prosecutor would submit that the investigation in the instant crime is almost completed. The learned Public Prosecutor further submit that the name of the 3rd petitioner, Sri.Badaruddin, is not shown in the array of accused in the FIR. This submission is recorded. Therefore, application for anticipatory bail at the instance of the 3rd petitioner, Sri.Badaruddin, is not warranted. Hence, the prayer of the 3rd petitioner herein, Sri.Badaruddin, in the anticipatory application is not liable to be considered now, in view of the fact that he is not included in the array of accused in the FIR in relation to crime No.854/2014 of Aroor Police Station.
3. Having considered the submissions of the learned B.A.7123/14 - :
3. :- counsel for the petitioners and the learned Public Prosecutor and taking into account the totality of the facts and circumstances of the case, I am inclined to order anticipatory bail to petitioners 1 and 2 in this case with sufficient safeguards. Accordingly, it is ordered that in the event of the 1st and 2nd petitioners being arrested in connection with crime No.854/2014 of Aroor Police Station, then they shall be released on bail on their executing a bond each for Rs. 35,000/- (rupees thirty five thousand only) with two solvent sureties each for the like amount to the satisfaction of the investigating officer in the above crime and subject to the following conditions: (i) The petitioners 1 and 2 shall surrender their passports, if any, before the jurisdictional Magistrate concerned within 3 days from the execution of the bail bond before the Investigating Officer and if either of them are not holders of passports, then they shall file affidavit to that effect in the said court. If the petitioners require their passports in connection with their travel abroad, then they are free to approach the court concerned for the release of the same and for necessary permission in that regard. In case if such an application is filed, the trial court or the jurisdictional Magistrate concerned, as the case may be, is free to consider the same on merits and to pass appropriate B.A.7123/14 - :
4. :- orders thereon, taking necessary guidance from the principles laid down in the decision of this Court in the case Asok Kumar v. State of Kerala, reported in 2009 (2) KLT712 notwithstanding the aforementioned conditions imposed by this Court. (ii) The petitioners 1 and 2 shall not involve in any criminal offence of similar nature. (iii) The petitioners 1 and 2 shall co-operate with the investigation and report before the investigating officer as and when required. (iv) The petitioners 1 and 2 shall report before the Investigating Officer in the above said crime between 10 a.m. and 11 a.m. on every alternate Sundays. (v) The petitioners 1 and 2 shall not influence the witnesses or shall not tamper or attempt to tamper evidence in any manner whatsoever. If petitioners 1 and 2 violate any of the conditions as ordered above, then the bail granted to them are liable to be cancelled. With the above said directions, this Bail Application stands finally disposed of. Sd/- sdk+ ALEXANDER THOMAS, JUDGE ///True copy/// P.S. to Judge B.A.7123/14 - :
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